Guide · Banking

Payments, Unauthorized Transfers, and Fraud: A Comprehensive Guide to Regulation E, Wires, Checks, and Chargebacks

15 U.S.C. § 1693

Type
Guide
Jurisdiction
National
Date
2023-12-13
Topic
Banking

This guide covers the law governing payments and payment fraud across every major rail. Part One explains why loss allocation follows the instrument rather than the victim. Part Two covers the consumer electronic transfer regime under the Electronic Fund Transfer Act and Regulation E, including liability tiers and the error resolution schedule. Part Three covers cards, billing errors, and the chargeback system. Part Four covers wires under Article 4A and the security procedure rule that decides commercial cases. Part Five covers checks, warranties, and funds availability. Part Six addresses business accounts and the controls that prevent losses. Part Seven covers claims, defenses, and remedies, and Part Eight covers investigation, recovery, and the criminal and regulatory overlay.

Payments, Unauthorized Transfers, and Fraud: A Comprehensive Guide to Regulation E, Wires, Checks, and Chargebacks

Banking > Payments, Unauthorized Transfers, and Payment Fraud | Published 13 December 2023 - Updated 1 August 2025 | UpLaw - uplaw.us

Part One — The organizing principle

📌 Loss allocation in American payments law follows the instrument, not the victim. There is no general rule that fraud losses fall on banks, or on consumers, or on whoever was least careful. There are five or six separate regimes, each written at a different time for a different purpose.

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